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Honour Killing (Movie-Sairat)

Honour Killing might be a cultural crime or a cultural lifestyle generic among non- Caucasian Societies that understand ladies as bearers of their own circle of relatives honor. Indian cultures are very deep-rooted. Many youths in India is completed to death every year due to Honour Killing. it's due to the fact so-known as honor killings are supported the assumption, deeply rooted in Indian cultures, which consider the ladies as objects and commodities, and now no longer as human beings at large endowed with dignity and rights. Most honor killings arise in nations like India in which the concept of ladies is taken into account as a vessel of the own circle of relative�s reputation.

This paper is an endeavor to increase the conceptual framework for know how the hidden manner behind the honor killing specializing in the patriarchy and caste - gender family members proven via this manner. A Marathi film Sairat became launched in 2016 at some stage in which a younger couple was brutally killed for his or her inter-caste marriage inside the call of own circle of relative�s pleasure and socially it had been justified inside the call of honor killing.

This film triggers a discourse in society. Haryana state is known for its Khap panchayats and honor killing however after a few searches, it truly became observed that it's now no longer most effective in India and in Hindus however it's in different countries, in which Hindus and south Asian Muslim are an element of the society, honor killing is in practice. This paper is an endeavor to are looking for the solutions to a few questions like, what honor killing is all approximately? what's its conventional base? Who, how, when, whom, and why the killing? Is it a primary or very last expression of aggression? And to look out the records approximately honor killing? Briefly, this paper is set the Honour Killing.

In Sairat, there was a boy named Prashant Prashya kale who belonged to the lower caste and his father was a fisherman. He was a good student and was doing good in school and he was a captain of a local cricket team. In his college, there was a girl named Archana Aarchi Patil and she was the daughter of a local politician and belonged to a higher caste. As they studied in the same college, they fell in love with each other and use to spend time with each other. Aarchi�s younger brother Prince also studied in the same college and during his birthday celebration which was happening at Aarchi�s house Prashya and Aarchi were caught by Aarchi�s family and were beaten by her father and brothers.

Prashya and Aarchi after realizing that they don�t have any other choice except running they both try to elope but they were caught by the police and were taken into custody. Aarchi�s father forced police by using his political power to file a complaint against Prashya and his friends accusing them of raping his daughter Aarchi but Aarchi saved them by destroying the complaint and insisted that Prahsya and his friends should be released soon and Shortly afterward, Tatya's goons beat Parshya and his kin. Archi steals a gun from them, threatening to fire unless Parshya and his friends are released.

Aarchi and Prashya escaped from there by hopping into a train and eloped from the confines of their small town to Hyderabad where they were breaking and they did not have any place to stay and they slept in Railway Station and they were harassed by some local goons and one of them even tried to rape Aarchi.

A woman from local slum saved Aarchi and Prashya from those goons and offered them shelter to live and she also helped Prashya in finding a job. Prashya started working in dosa stall and Aarchi learned Telegu but living in a slum is very unpleasant this created some arguments and misunderstandings between Aarchi and Prashya and result of this Aarchi wanted to return to her home but Prahsya convinced by attempting Suicide and then Aarchi changed her mind and they both get married in the registrar office and Aarchi becomes pregnant seven years later and during her pregnancy, Aarchi came into contact with her mother by calling her some times.

One day Aarchi�s father saw her mother talking to her phone and he managed to get Aarchi�s address and one-day Aarchi�s brothers visited her house with her mother�s gifts in an apparent reconciliation. Aarchi and Prashya welcomed them and there a son was at their neighbor�s house and when their son returned with a neighbor�s who left him at his door, he saw his parents were dead.

Murder (Honor Killing)
In India, Honour killing is seen as an act of violence, usually, murder committed by family members or the whole community against the male or female who is held to have brought dishonor to the family or whole community hence Honour killing can be termed as the murder of a family member or a social group by other members, on the basis of the conviction of the perpetrators (and possibly the broader society) that the victim has brought scorn to the family or community. This is the result of the murder committed to order to save what is perceived in a particular culture to be the "honor" of one's family as a society.

Reason For Honour Killing:

In India, the caste system has a very strong existence and people are not accepting inter-caste marriages, they are refusing to change their mentality which is one of the big reasons for Murders of Females and males in the name of defending family from the shame which is a violation of fundamental rights.

Legal Provisions:

Honour Killing is not that far different from murder, that we all have the following sections of the Indian Penal Code, 1862, to prosecute the perpetrators of the honor killings. These can be described as follows:
  • Sections 299-304: Penalizes any person guilty of murder and culpable homicide not amounting to murder. The punishment for murder is a life sentence or death and fine.
  • Section 307: Penalizes attempt to murder with imprisonment for up to 10 years and a fine. If a person is hurt, the penalty can extend to life imprisonment.
  • Section 308: Penalizes attempt to commit culpable homicide by imprisonment for up to 3 years or with fine or with both.
  • Section 120A and B: Penalizes any person who is a party to a criminal conspiracy.
  • Sections 107-116: Penalizes persons for abetment of offenses including murder and culpable homicide
  • Section 34 and 35: Penalizes criminal acts done by several persons in furtherance of common intention.

Criminal Conspiracy (Honour Killing)

Section 120A[1], IPC defines criminal conspiracy. It is a substantive offense in itself. In simple terms, a criminal conspiracy is an agreement between two or more persons to commit a crime. Two or more persons must be parties to such an agreement and one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself. A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act or to do a lawful act by unlawful means.

The meeting of minds is essential and mere knowledge is not sufficient. The essence of a criminal conspiracy is the unlawful combination and ordinarily, the offense is complete when the combination is framed. Unless the statute so requires, no overt act need be done in furtherance of the conspiracy, and that the object of the combination need not be accomplished, in order to constitute an indictable offense.:

The constituent elements of the offense of criminal conspiracy are:
  1. An agreement between two or more persons,
  2. to do an illegal act, or
  3. to do a legal act by illegal means, and
  4. an overt act is done in pursuance of the conspiracy.
The essence of the offense of conspiracy is the agreement and association to break the law or to do an illegal act. An agreement to do an illegal act which amounts to a conspiracy as long as the members of the conspiracy remain in the agreement and as long as they are acting in accord and in furtherance of the object for which they entered into the agreement. It is essential that the offense of conspiracy requires some kind of physical manifestation of agreement. However, the express agreement need not be proved nor is it necessary to prove the actual words of communication. The evidence as to transmission of thoughts sharing the unlawful design may be sufficient.


Rape is a type of sexual assault that typically includes sexual intercourse or other types of sexual penetration against a person without the consent of that person. The act maybe carried out by physical force, intimidation, misuse of authority or against a person who is unable to give valid consent, such as a person who is unconscious, impaired, mentally disabled, or below the legal age of consent.

In the movie, there was an attempt to rape the girl (Archie) by the goons but luckily, she was saved by a local woman. In Chaitu Lal v/s State Of Uttarakhand[2], the Supreme court stated that the attempt to commit an offense starts when the accused begins with his intention to commit the offense. In this case, despite protesting by the victim the accused continued with his action until he was not stopped this shows that the accused had the definite intention to commit the rape hence, he can be punished under section 376[3] read with section 511[4] of IPC.

Criminal Procedure

For Murder

Since murder is a cognizable offense, an FIR or First Information Report is registered under section 154[5] of the Code of Criminal Procedure (CRPC). FIR sets into motion. An FIR is a piece of information submitted to the police by the means of someone (aggrieved) referring to the dedication of an offense. The next step after the submission of the FIR is to carry out the study by means of the investigating officer.

An end is created via way of means of the investigating officer via way of means of inspecting records and instances, accumulating proof, inspecting diverse people, and taking their statements in writing and each one the opposite steps important for finishing the research then that end is filed to the Justice of the Peace as a policy document. If after thinking about the policy document and different crucial files the accused isn't discharged then the courtroom docket frames costs below which he's to be trialed. In a warrant case, the fees ought to be framed in writing.

Section 241[6] of the 1973 Code of Criminal Procedure deals with the plea of guilty, giving the accused the ability to plead guilty after framing the costs, and therefore, the burden rests with the offender to ensure that the plea of guilt is willingly made. The appointed person can also prosecute the defendant at his discretion. After the costs are framed, and thus the accused pleads guilty, then the docket of the courtroom calls for the prosecutor to offer evidence to justify the accused's guilt.

To support their testimony with statements from their witnesses, the prosecution is required. Section 313[7] of the Code of Criminal Procedure provides the defendant the right to be heard and to clarify the documents and instances of the case.

The statements of the accused do not appear to be recorded below oath and may also be used towards him inside the trial. a chance is given to the accused in a very case where he's now no longer being acquitted to supply so on guard his case. The protection can produce each oral and documentary proof. In India, for the reason that burden of evidence is at the prosecution the protection, in general, isn't required to provide any protection proof. The final option of the court docket is understood as a decision with reasons provided in support of the accused's acquittal or conviction.

The prosecutor is given time to enchant the order of the trial docket simply in case the accused is acquitted. When the character is convicted, then every side is invited to relinquish arguments at the punishment that is to be awarded. that is often commonly executed whilst the character is convicted of an offense whose punishment in captivity or executing.

For Rape

Rape is a non-bailable as well as a cognizable offense. An FIR is to be registered under section 154[8] of CRPC by the victim or any other concerned person. After the registration of FIR, within 24 hours victim�s medical examination should be done under section 164A[9] of CRPC. Police should investigate the matter and submit their report to the judicial magistrate. Under section156(3)[10] of CRPC, FIR can be registered by the judicial magistrate also.

If there is enough evidence in FIR, the challan is prepared by police otherwise the FIR is declared as untraceable. After the prima facie investigation, police gather evidence and take statements. After police identified the accused, they may arrest and send them for medical. After the completion of the investigation police files, the charge sheet in the court. Then the case goes to trial.

Honour Killing, extra a cultural exercise than being a non-secular one, is secretly supported through society however overtly discouraged and outlawed anywhere else. It is very unlucky that the elegance structure in India has become a social' evil for several. It is horrible that loads of adolescents have misplaced their lives inside the call of honor, and there is extra who's on the gunpoint of this inflexible perception system. it's a fake notion that honor killings simplest contain the killings of ladies. Men are similarly sufferers of this exercise, in particular, while it impacts the popularity of a specific caste and community.

For that is often the time, as ladies are preventing back to make sure that there have to arise changes inside the attitudes of society and such attitudes are consolidated to reform the complete society on the brand-new traces of gender equality. Women have come to the vanguard to ask their assailants to elucidate in courtroom docket what precisely turned into honorable approximately their actions.

They more and more call for their tormentors to face the implications of violence. And now the society and consequently the State have to assist those brave ladies who stroll the corridors of Law to carry back justice all humans who take lives in their ladies on their very own whims and fancies. The ladies who behaved after shredding the curtain of silence and social connivance that made root-requiring cultures of violence no longer have to be questioned to be branded honorable or dishonorable by those who may not have easy hands themselves.

In the end, it is often stated that honor killing has clearly accomplished extra damage than good. The families have to recognize that there's no honor in killing one�s very own child which killing is now no longer the sole solution. at some point of this twenty-first century, it's to be understood that if a toddler of 18years old can be given a proper to go with his very own consultant then he's clever sufficient to take his very own private existence selections and has the correct to measure. one amongst the stairs taken towards honor killing turned into on August 2nd, 2010, while Youth in Uttar Pradesh's Meerut district got here up with the thought of establishing a "Lovers' Party" throughout the country to inspire lovers into status united towards caste councils, which is understood to be innovative. Therefore, honor killing can be a grave sin and different humans practicing it should tend harsh punishment so that one should deliberate earlier than committing such crime.

  1. Definition of criminal conspiracy- When two or more per�sons agree to do, or cause to be done
  2. ICL 2019 SC 1329: JT 2019 (11) SC 288: 2019 (3) MPWN 104: AIR 2020 SC 219
  3. Punishment for rape
  4. Punishment for attempting to commit offenses punishable with imprisonment for life or other imprisonments
  5. Information in cognizable cases- Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
  6. Conviction on plea of guilty, the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon.
  7. Power to examine the accused- In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him. No oath shall be administered to the accused when he is examined under sub- section.
  8. Security for unexpired period of bond
  9. Recording of confessions and statements
  10. Police officer's power to investigate cognizable case (3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

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